Hungary: EU Court rules anti-LGBTI+ law violates EU law

Brussels, 21 Apr. (LaPresse) – By adopting a law that stigmatises and marginalises LGBTI+ people, Hungary has violated EU law. This has been established by the Court of Justice of the European Union, which has, for the first time in a case brought against a Member State, found a violation of Article 2 TEU, which sets out the values on which the European Union is founded. ‘It is recalled that Hungary, through “Act LXXIX of 2021 introducing stricter measures against paedophile offenders and amending certain laws to protect minors”, has adopted various amendments to its national law. Although those amendments are, according to that Member State, intended to protect minors, many of them have the effect, in essence, of prohibiting or restricting access to content whose defining feature is the representation or promotion of divergence from the personal identity corresponding to the sex at birth, of gender reassignment or of homosexuality. Following an action for failure to fulfil obligations brought by the European Commission in this regard, the Court of Justice has ruled that Hungary has infringed EU law at various distinct levels, namely: primary and secondary legislation relating to services in the internal market, the Charter of Fundamental Rights of the European Union, Article 2 TEU and the General Data Protection Regulation (GDPR).